First ‘Two Tier Justice,’ now ‘Two Tier Criminal Codes’?
The Toronto Star is reporting today that when Ontario Premier McGuinty was asked if Julian Fantino will step down now that he is charged with influencing municipal officials he said he will not. The Premier also downplayed the charge against Fantino by misleading the public into believing that the charge is somehow legally insignificant or lesser of a charge because it was filed by McHale through the private prosecution provisions of the Criminal Code:
McGuinty downplayed the allegations, saying he didn’t think Fantino should take a leave from his duties while the case progresses. “My understanding is that it’s a private information being put forward by a private citizen, it’s going to work its way through the courts and I’ll try to all that to take its normal course,” McGuinty said.
Toronto Star, Jan 12/10: No need for Fantino to step aside, McGuinty says [PDF, REPRINT]
Premier of Ontario shows contempt for Superior Court decision
The premier is deliberately misleading the public about the nature of the charge against Fantino and, in the process, is showing extraordinary contempt for the decision of a Superior Court judge who reviewed the evidence; rejected the government’s arguments and issued process for a charge that – according to an Osgoode Hall criminal law professor – “is no different than if filed by police,” according to a story published just today in the National Post which also points out the conflict of interest on the part of the government:
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There were some important developments in the McHale criminal charge against Fantino:
- McGuinty will NOT ask Fantino to step down.
- The Attorney General has intervened to take over the case and to fast-track the hearing. Instead of the Feb 3rd date contained in the summons issued by the judge, the hearing will now take place this Friday, Jan 15/09 at 0900 at the Cayuga Courthouse, 55 Munsee Street, Cayuga (Haldimand). [MAP].
- Since it now appears that the AG is planning to stay the charges, Gary McHale has issued a CANACE news release warning the media about these developments, and the top legal reporter for the National Post has published a story quoting the opinion of Osgoode hall criminal law professor James Stribopolous who says the government should appoint an outside prosecutor due to the serious conflict of interests caused when the Crown opposed McHale in court. He also warns the government against staying the charge. He says that dropping the charge would create a very “unfortunate impression that Fantino received special dispensation.”
- McHale also sent a letter yesterday to the AG asking them to confirm whether or not they plan to stay the charge.
On Jan 08/10 the Globe & Mail’s Christie Blatchford effectively cleared CANACE co-founder Gary McHale’s name and vindicated all who stood by him in the face of Fantino’s attempts to target him for arrest and smear him with false allegations of inciting violence and injuring police officers:
“As for Mr. McHale, despite Mr. Fantino’s clear efforts, as documented in emails and court transcripts, to “take him out” – that is, have him charged with something, anything – the only crime the OPP has charged him with is the novel “counselling mischief not committed. A date for the resumption of the preliminary hearing on that charge [against Fantino] has yet to be set. Mr. McHale, as he almost always does, will represent himself – a portly, bespectacled fellow who is nonetheless proving a spirited and sharp combatant.“
Globe & Mail, Christie Blatchford, Jan 08/10: ‘Activist a nagging thorn in Fantino’s side‘ [PDF, REPRINT]
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UPDATED Jan 07/10
‘Joy rising.’ That’s how I’ve been feeling lately (I’ll explain why below) and that’s how one of the 20,000 participants in this incredible, mindblowing, flashmob dance described his experience in surprising – and delighting – Oprah Winfrey as part of her 24th season kick off party held Sept 08/09 on Michigan Avenue in Chicago.
The video below captures some of the feelings I’ve been having during the past few weeks thanks to the incredible developments in the struggle against race-based policing.
Black Eyed Peas, Oprah feeling/I Gotta Feeling, Sept 08/09, Oprah’s 24th Season Kickoff Party – ‘the coolest thing EVER!’
20,000 people suprise Oprah with help from the Black Eyed Peas. Click to visit Oprah's feature page to view video.
They are afraid!
If the video of Oprah’s surprise flash mob dance doesn’t warm your heart, maybe this will: Isn’t it nice to know that right now…as you’re reading this…frightened politicians, lawyers, OPP brass and their advisors, spin doctors and consultants are huddled behind closed doors in Orillia and Toronto wondering how it was that their plan to legitimize racial policing went so horribly off the rails, and are now trying to figure out how they can avoid losing their jobs and/or going to jail? Isn’t that a delicious thought?
Posted in 2. VoC's Favorite Post, Caledonia - Brown & Chatwell, Fantino v Truth, FantinoGate, Legal actions & rulings, MUST SEE, Native Protests - Caledonia, One Law for All!, Racial Policing, Racial Profiling, Truth in Media
AG letter to McHale, Jan 11/10
: Crown intervenes to move Fantino criminal hearing from Feb 03 to Friday, Jan 15/09 at 0900 at Cayuga courthouse
, 55 Munsee St., Cayuga. [MAP
National Post, Jan 12/09
]: 1. Osgoode Hall law professor says gov’t has conflict of interest and should appoint Crown from outside province, and that dropping the charge would create a very “unfortunate impression that Fantino received special dispensation.” 2. Government will NOT be asking Fantino to step down.
UPDATE: On Jan 08/10 Justice of the Peace Brown issued a summons [PDF, REPRINT] for Fantino to appear at the Cayuga Courthouse at 1000 on Feb 03/10 to answer the charge of Influencing/Attempting to Influence Muncipal Official.
On Dec 31/09 Justice Crane of the Superior Court of Ontario granted CANACE Executive Director Gary McHale’s application for an Order of Mandamus to compel a Justice of the Peace to issue process for a Criminal Code charge of ‘Influencing Municipal Official’ against OPP Commissioner Julian Fantino.
- Julian Fantino, April 07/07: email to Haldimand Council
- Ontario Court of Justice (Jan 19/09): McHale information for Fantino prosecution
- Superior Court ruling, Dec 31/07: McHale v. Attorney General of Ontario, 2009
- Attorney General, Jan 08/10: letter to McHale (AG taking over prosecution)
- Gary McHale, Jan 11/10 (incorrectly dated Jan 06): letter to Attorney General (conflict of interest)
- Attorney General, Jan 11/10: letter to McHale (intervention to move date of hearing)
- Gary McHale, Jan 11/10: letter to Attorney General (Q: Is Crown staying charge?)
- National Post, Jan 11/10: Ontario to appoint Crown to prosecute OPP Chief (Law professor re gov’t conflict of interest) [PDF, REPRINT]
- CANACE news release, Jan 11/10: Fantino already receiving Preferred Treatment
Posted in 1. VoC's MOST IMPORTANT POST, CANACE, CANACE News, Courage & Sacrifice, Fantino on Trial, FantinoGate, Leadership, Legal actions & rulings, MUST SEE, Native Protests - Caledonia, One Law for All!
UPDATE March 17/10: Senior OPP officers charged w/Obstructing Justice in McHale case.
UPDATE 1033 EST June 18/09: Additional court evidence supports allegations in Part 1 of Fantino complaint:
UPDATE 1031 EST Feb 19/09: as of yesterday, our complaint to the Minister (right) had been downloaded over 5,600 times.
UPDATED 1534 EST Jan 23/09
This article explains how the McGuinty government refused to investigate allegations of criminal conduct by OPP Commissioner Julian Fantino, following which lawyers for the Attorney General of Ontario then used the complaint document in what would prove to be a spectacularly unsuccessful attempt to impugn the motives of CANACE founders during criminal and civil proceedings in unrelated actions.
The consequences of their failure will have far-reaching benefits to us and to the victims of Caledonia. One benefit is that this story can now be told…
Allegations against Commissioner Fantino
On May 30/08 I filed a 71 page complaint on behalf of Gary McHale, Jeff Parkinson and myself with the Minister of Community Safety and Correctional Services Rick Bartolucci asking for an RCMP investigation into the evidence in our possession that we believe supports the laying of 3 Criminal Code charges against OPP Commissioner Julian Fantino:
- Obstruction of Justice, s.139
- Influencing Municipal Official, s.123
- Breach of Trust by Public Officer, s.122
Police Services Act complaint, May 30/08: Vandermaas-McHale-Parkinson v. Fantino
Posted in 1. VoC's MOST IMPORTANT POST, Caledonia - Dec 01/07, CANACE, CANACE News, FantinoGate, How low can they go?, Human Rights complaints, MUST SEE, Native Protests - Caledonia, One Law for All!, Planet Earth calling, True North - NOT free!, VoC News
UPDATE 1343 EST Nov 08/08: Gary McHale has received another email written by OPP Commissioner Julian Fantino regarding his arrest, this one more shocking and damaging to the OPP than the one described below. See, ‘Crown turns over another ‘smoking gun’ Fantino email to McHale.’
UPDATED 1354 EST Oct 18/08:
Just two days after completing an exhausting election campaign in Haldimand-Norfolk in which he received nearly 5,000 votes from people who support his call to end race-based policing and landclaim lawlessness Gary McHale submitted the ‘smoking gun’ evidence to a Hamilton judge that proves Fantino personally ordered him to be targetted in connection with the Dec 01/07 confrontation at the illegal Caledonia smoke shop that sent McHale to the hospital.
Posted in 1. VoC's MOST IMPORTANT POST, 2. VoC's Favorite Post, Caledonia - Dec 01/07, Courage & Sacrifice, Election 2008, FantinoGate, How low can they go?, Leadership, McHale Trial, MUST SEE, Native Protests - Caledonia, One Law for All!